This Week in Antitrust & Consumer Protection

This Week in Antitrust & Consumer Protection

Welcome to the ABA Antitrust Law Section's LinkedIn Newsletter! Get the latest insights each week on antitrust, consumer protection, and data privacy from our valued committees. Stay informed with updates from the Section, expert analysis, and key developments in the field. Be sure to click the "Subscribe" button above.

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August 21, 2024

2024 Antitrust Global Seminar Series: Sydney

In just two weeks, the ABA Antitrust Law Section will be hosting the 2024 Antitrust Global Seminar Series in Sydney! On August 21, join us at The Fullerton Hotel Sydney for a day of insightful discussions with distinguished faculty on competition, consumer protection, and data privacy. Don’t miss out—register by August 14!

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Section Spotlight

Antitrust On-Demand Videos

Enhance your expertise with our On-Demand Videos! Explore a wide range of topics including antitrust, consumer protection, and data privacy. Many videos offer CLE credits and are free for members!

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September 26, 2024

Why Antitrust? Antitrust and Reproductive Choice Post-Dobbs

Don't miss out! Join us on September 26 at George Washington University Law School for a panel on protecting reproductive choice in healthcare mergers post-Dobbs, followed by networking. Co-sponsored by Leadership Development, Membership, and Women.Connected.

  • Location: George Washington University Law School - Student Conference Center, 2nd floor, Lisner Hall
  • Time: 4:00 PM-6:00 PM ET

Register →?


Antitrust Thought Leadership

Podcast | Our Curious Amalgam

#284 How Do We Measure Innovation? The Economic Analysis of the Impact of M&A on Innovation in the Pharmaceutical Industry

When analyzing the competitive effects of a proposed transaction, the U.S. antitrust agencies may attempt to define and assess the potential loss of innovation in a relevant market. But what exactly is “innovation,” and how can potential losses (or gains) in innovation be measured? In this episode Alicia Downey and Lijun Zhang speak with Cornerstone Research economist Penka Kovacheva about how economists are attempting to measure the impact of mergers on innovation, with a focus on the pharmaceutical industry. Listen to this episode to learn about whether any of these attempts have been successful and why there is much more work to be done. Listen on Apple, Amazon, Spotify, Audible, or YouTube Music.

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Podcast | Trust & Trade

Trust & Trade: #33 "Mergernomics: Critical Loss"

In this episode you'll learn everything you need to know about the Critical Loss test used by enforcers to determine whether to block a merger - what it tells you, how to calculate it, and when to use it. Guest Ron Drennan, Economic Advisor to the DOJ Antitrust Division and former acting director of economics, explains how Critical Loss predicts the profitability of a post-merger price increase. Co-hosts Scott Scheele and Anant Raut later discuss real world cases where the Critical Loss test was used by the DOJ in litigation (H&R Block/TaxAct and Aetna/Humana), with mixed results. The latest in our "Mergernomics" series, demystifying the economic tools used in merger analysis! Listen on Apple, Spotify, or YouTube Music.

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Article | Trial Practice Committee

Lessons from the Government's Successful Enforcement Action against the Proposed JetBlue/Spirit merger

The U.S. DOJ Antitrust Division and seven co-plaintiff states successfully blocked the proposed $3.8 billion acquisition of Spirit Airlines by JetBlue, arguing it would significantly reduce competition. This article delves into the key evidence and arguments from the 17-day bench trial that led to the court's decision to enjoin the merger and highlights the critical role of head-to-head competition between the airlines.

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Article | Intellectual Property Committee

Illinois Federal Court Clears Hurdles for Aftermarket Right-to-Repair Class Action

By Sarah Kulik,?Brian H Pandya, and?Joseph Robert Welsh: The U.S. District Court for the Northern District of Illinois recently denied John Deere’s motion to dismiss a proposed class action, signaling a significant victory for right-to-repair advocates. This case could become a landmark in right-to-repair litigation, as it joins other high-profile cases against Tesla and Harley-Davidson. The court's decision highlights the ongoing debate over consumer rights to a competitive aftermarket for repairs, an issue gaining urgency with increasing electronic and software integration in vehicles.

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Article | Intellectual Property Committee

Summary of Intellectual Property Panels from ABA Antitrust Spring Meeting

By Hector Santillan Vazquez: The ABA Antitrust Law Section's 72nd Annual Spring Meeting featured insightful discussions on the intersection of Intellectual Property (IP) and Antitrust. Highlights included panels on “IP-Antitrust Fundamentals” and “The Machinery of Making Modern Music,” which covered emerging trends and critical issues in these fields. This article summarizes the key points and takeaways from these panels, offering a glimpse into the dynamic relationship between IP rights and competition law.

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Conferences (In-Person)

August 21: Antitrust Global Seminar Series: Sydney ?

September 20: Antitrust Across Africa ?

September 25-28:?Antitrust Masters Course ?

September 26: Why Antitrust? Antitrust and Reproductive Choice Post-Dobbs??

November 13:?Women.Connected Hall of Fame-inism Reception??

November 14: Antitrust Fall Forum ?


About the Antitrust Law Section

We are the world's leading community of competition, consumer protection, and data privacy professionals.

To learn more about the Section, visit ambar.org/antitrust. To learn more about the value of an Antitrust Law Section membership, visit ambar.org/atmembership. For upcoming conferences, meetings, webinars, and programs, visit ambar.org/atevents.

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